[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Proposed Rules]
[Pages 1467-1470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-315]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-26812; Directorate Identifier 2006-NM-199-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A318, A319, A320, and A321 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to certain Airbus Model A318-100, A319-100, 
A320-200, A321-100, and A321-200 series airplanes; and Model A320-111 
airplanes. The existing AD currently requires modification of the 
electrical bonding of all structures and systems installed inside the 
center fuel tank. That AD results from fuel system reviews conducted by 
the manufacturer. This proposed AD would require modification of 
additional bonding points inside the center fuel tank. This proposed AD 
results from a report that additional bonding points need to be 
modified in order to prevent electrical arcing in the center fuel tank. 
We are proposing this AD to prevent electrical arcing in the center 
fuel tank due to inadequate bonding, which could result in an explosion 
of the center fuel tank and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 12, 
2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9:00 
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.
    Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, 
France, for service information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2141; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``Docket No. 
FAA-2007-26812; Directorate Identifier 2006-NM-199-AD'' at the 
beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of the 
proposed AD. We will consider all comments received by the closing date 
and may amend the proposed AD in light of those comments.

[[Page 1468]]

    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88. (The JAA is an associated body of the European 
Civil Aviation Conference (ECAC) representing the civil aviation 
regulatory authorities of a number of European States who have agreed 
to co-operate in developing and implementing common safety regulatory 
standards and procedures.) Under this regulation, the JAA stated that 
all members of the ECAC that hold type certificates for transport 
category airplanes are required to conduct a design review against 
explosion risks.
    On September 9, 2005, we issued AD 2005-19-14, amendment 39-14279 
(70 FR 55228, September 21, 2005), for certain Airbus Model A318-100, 
A319-100, A320-200, A321-100, and A321-200 series airplanes; and Model 
A320-111 airplanes. That AD requires modification of the electrical 
bonding of all structures and systems installed inside the center fuel 
tank. We issued that AD to prevent electrical arcing in the center fuel 
tank due to inadequate bonding, which could result in an explosion of 
the center fuel tank and consequent loss of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2005-19-14, the European Aviation Safety Agency 
(EASA), which is the aviation authority for the European Union, 
informed us that certain bonding points that should be modified were 
not included in the Accomplishment Instructions of Airbus Service 
Bulletin A320-28-1104, dated December 2, 2003; Revision 01, dated 
December 8, 2004; and Revision 02, dated February 21, 2005. Airbus 
Service Bulletin A320-28-1104, Revision 01, was referenced as the 
appropriate source of service information for modifying the electrical 
bonding, as required by AD 2005-19-14.

Relevant Service Information

    Airbus has issued Service Bulletin A320-28-1104, Revision 03, 
including Appendix 01, dated February 23, 2006. The procedures in 
Revision 03 are essentially the same as those specified in earlier 
revisions, except that Revision 03 includes additional bonding points 
that were not included in the original issue, Revision 01, or Revision 
02 of the service bulletin. Accomplishing the actions specified in 
Revision 03 of the service bulletin is intended to adequately address 
the unsafe condition. EASA mandated the service information and issued 
EASA airworthiness directive 2006-0176, dated June 26, 2006, to ensure 
the continued airworthiness of these airplanes in the European Union. 
EASA airworthiness directive 2006-0176 supersedes French airworthiness 
directive F-2005-028, dated February 16, 2005, which was referenced in 
AD 2005-19-14 as the parallel French airworthiness directive.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. As described in FAA 
Order 8100.14A, ``Interim Procedures for Working with the European 
Community on Airworthiness Certification and Continued Airworthiness,'' 
dated August 12, 2005, the EASA has kept the FAA informed of the 
situation described above. We have examined the EASA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2005-19-14 and would retain the 
requirements of the existing AD. This proposed AD would also add the 
requirement to modify additional bonding points.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

[[Page 1469]]

Explanation of Change in Applicability

    We have changed the airplane model designations in the 
applicability of this proposed AD to be consistent with the parallel 
EASA airworthiness directive.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD. There are approximately 720 U.S.-
registered airplanes. The average labor rate is $80 per hour.

                                                 Estimated Costs
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                                                                                          Cost per
                           Action                              Work hours     Parts       airplane    Fleet cost
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Modification of electrical bonding (required by AD 2005-19-      49 to 64  $10 to $370    $3,930 to   $2,829,600
 14)........................................................                                 $5,490           to
                                                                                                      $3,952,800
Modification of additional bonding points (new proposed            6 to 7         $100      $580 to  $417,600 to
 action)....................................................                                   $660     $475,200
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14279 (70 FR 55228, September 21, 2005) and 
adding the following new airworthiness directive (AD):

Airbus: Docket No. FAA-2007-26812; Directorate Identifier 2006-NM-
199-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
12, 2007.

Affected ADs

    (b) This AD supersedes AD 2005-19-14.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321 
airplanes; certificated in any category; except airplanes that have 
received Airbus Modification 31892 in production.

Unsafe Condition

    (d) This AD results from a report that additional bonding points 
need to be modified in order to prevent electrical arcing in the 
center fuel tank. We are issuing this AD to prevent electrical 
arcing in the center fuel tank due to inadequate bonding, which 
could result in an explosion of the center fuel tank and consequent 
loss of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of The Requirements of AD 2005-19-14:

Modification

    (f) Within 58 months after October 26, 2005 (the effective date 
of AD 2005-19-14): Modify the electrical bonding of all structures 
and systems installed inside the center fuel tank by accomplishing 
all of the actions in accordance with the Accomplishment 
Instructions of Airbus Service Bulletin A320-28-1104, Revision 01, 
dated December 8, 2004; or Revision 02, dated February 21, 2005; or 
Revision 03, including Appendix 01, dated February 23, 2006. After 
the effective date of this AD, only Revision 03 may be used.

Actions Accomplished According to Previous Issue of Service 
Bulletin

    (g) Actions done before October 26, 2005, in accordance with 
Airbus Service Bulletin A320-28-1104, dated December 2, 2003, are 
acceptable for compliance with the corresponding requirements of 
paragraph (f) of this AD.

New Requirements Of This AD:

Modification (Additional Bonding Points)

    (h) For airplanes on which the actions specified in Airbus 
Service Bulletin A320-28-1104, dated December 2, 2003; Revision 01, 
dated December 8, 2004; or Revision 02, dated February 21, 2005; 
have been done before the effective date of this AD: Within 78 
months after the effective date of this AD, modify the electrical 
bonding of the structures and systems identified in the additional 
actions specified in paragraph 3.B.(3) of the Accomplishment 
Instructions of Airbus Service Bulletin A320-28-1104, Revision 03, 
including Appendix 01, dated February 23, 2006.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, has the authority to approve AMOCs for 
this AD, if requested in accordance with the procedures found in 14 
CFR 39.19.

[[Page 1470]]

    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.
    (3) AMOCs approved previously in accordance with AD 2005-19-14, 
are approved as AMOCs for the corresponding provisions of paragraph 
(f) of this AD.

Related Information

    (j) European Aviation Safety Agency (EASA) airworthiness 
directive 2006-0176, dated June 26, 2006, also addresses the subject 
of this AD.

    Issued in Renton, Washington, on December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-315 Filed 1-11-07; 8:45 am]
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